Splitting Stigmas

In the most recent special session of the West Virginia Legislature, Governor Jim Justice placed on the agenda a bill to make West Virginia an Agreement State with the Nuclear Regulatory Commission (“NRC”). This legislation (House Bill 208) was modeled after draft legislation from the NRC and which the West Virginia Legislature edited and received a tentative agreement from the NRC that if HB 208 was passed, the NRC would accept it as properly conforming to the State Agreement program requirements.

HB 208 was passed by both houses of the Legislature with only modest opposition ...

The Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act passed the US Senate by a vote of 88-2 on Tuesday June 18, 2024, and is headed to the President’s desk to be signed into law.

This important clean energy legislation was introduced in March 2023, and was quickly moved through the House of Representatives with overwhelming bipartisan support.  That support only continued in the Senate, and now the legislation is set to help secure nuclear energy’s role in supporting America’s growing clean energy needs.

The ADVANCE Act was authored by U.S ...

NuScale signs MOU with Nucor

In January of 2022 Nucor Corp. announced that it will build its new scrap-fed electric arc furnace (EAF) steel sheet mill in Mason County, WV.  On May 16, 2023, NuScale Power and Nucor Corp. signed a memorandum of understanding (MOU) to explore the deployment of NuScale’s small modular reactors (SMRs) to power and provide clean, reliable baseload electricity to Nucor’s EAF steel mills. 

“As part of the MOU, the companies will evaluate site suitability, transmission interconnection capabilities and capital costs for potential NuScale plants to be ...

West Virginia has long been an energy production and policy leader for the nation.  As goes West Virginia, so goes energy policy in the United States.  As a bellwether for where energy in this country is headed, many eyes are turning to see what leadership and guidance West Virginia will provide as many states begin to look toward a mix of traditional energies along with newer and cleaner forms of energy.

West Virginia is now an all-of-the-above energy trailblazer.  Many states have found meeting “all-of-the-above” difficult as some energy production forms are difficult for them.  ...

We are officially halfway (30-days) through the West Virginia 2023 Legislative Session. In that short amount of time, the West Virginia Legislature has been extremely busy. With so much going on in such a short period of time, I wanted to take a closer look at some bills which might not be making headlines but are very important to nuclear energy and the development of West Virginia’s all-of-the-above energy strategy.

First is House Bill 2896 which concerns making West Virginia an Agreement State with the Nuclear Regulatory Commission (“NRC”). This legislation is modeled after ...

On December 7, 2022, a new dawn seemed to rise in West Virginia.  The old dusty mountains seemed to stretch a bit higher, the aged rivers ran a bit swifter, and the tall trees swayed a bit freer.  It was not a change in the weather causing this, but rather changes by West Virginians being made for the climate and for revitalization of the Mountain State which emboldened our natural resources to grow wild once again.  For this day saw the first ever New Energy Conference, hosted by MAREC Action and American Clean Power Association.

This is the first energy conference in the state I am aware of ...

West Virginia has seen great interest and much progress in the development and planning for of alternative electric generation in recent years.  These efforts have been further bolstered by legislation such as the Bipartisan Infrastructure Law (“BIL”) and the Inflation Reduction Act (“IRA”).  As these efforts to add cleaner energy and more electricity generation to the state increase, the West Virginia Public Service Commission (“PSC”), the governing body in charge of reviewing and approving applications for electrical generation projects, has recently made its ...

The International Atomic Energy Agency (IAEA) recently held its Nuclear Energy International Ministerial Conference in Washington, DC. The conference saw countries from across the world make new commitments to nuclear energy, renew initiatives to restart and expand nuclear programs, and world leaders and ambassadors reiterate the dire need for nuclear energy to lead the energy transition and promote economic, energy, and national security.

Some of the notable quotes and statements from the conference exemplifying the importance and belief in nuclear energy were the ...

Nuclear energy and advanced nuclear is beginning to gain support and momentum in the Appalachian region.

Earlier this month, Virginia Governor Glenn Youngkin unveiled Virginia’s new 2022 Energy Plan. This new energy plan, like West Virginia’s, focuses on an “all-of-the-above” approach that seeks to harness nuclear, natural gas, renewables, and new energy sources.

Governor Youngkin’s plan outlines the increase in nuclear energy as a key part of the Commonwealth’s objective to become a world leading nuclear innovation hub. 

“I am thrilled that the 2022 Virginia ...

On September 12, 2022, the West Virginia Legislature passed a groundbreaking piece of legislation that is paving the way for the energy future of many industrial and manufacturing projects in the state, as well as for alternative energy companies interested in the Mountain State.

The legislation, Senate Bill 4001, establishes the Certified Industrial Business Expansion Development Program (“the Program”) and grants the Department of Economic Development (“DED”) the authority to administer the Program. Under the Program, DED may certify high impact industrial ...

The Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act of 2022 (the “CHIPS Act”) was signed into law by President Biden on August 9, 2022. Bowles Rice attorney Marc Mignault lays out the advanced nuclear energy technologies provisions it includes.

Under the Inflation Reduction Act (IRA), touted and proposed by U.S. Senator Joe Manchin (D-W.Va.), the government would provide much needed and sought-after relief and incentives for nuclear energy. 

Existing Nuclear Power Plant Production Tax Credit 

The IRA’s Nuclear Production Credit for existing nuclear plants would be included in IRS Tax Code 45U.  The credit for existing nuclear plants starts with 3 cents ($0.03) multiplied by the kilowatt hours of electricity produced and sold by the plant. This credit is reduced if the 0.03 x kWh exceeds the “reduction amount” which is ...

Across the world many nations are looking to nuclear energy as a way to ensure energy security, lower energy prices, and decarbonize. Nuclear energy can be the key to energy security, and Appalachia can lead the way, remaining a vital part of America’s energy independence.

Anyone who has spent any time in the nuclear industry or supported nuclear energy has undoubtedly been met with common rebuttals which all spring from what is referred to as F.U.D. – Fear, Uncertainty, and Doubt. The common rebuttals which arise generally are concerns around spent nuclear fuel, major accidents, and radiation. Here I will look to address each in turn to discuss some facts on each, why fears are overblown, and how understanding each can lead to the rational conclusion that nuclear energy is safe and should be embraced for its many benefits which overwhelmingly outweigh these exaggerated concerns.

Here in West Virginia, in recent years elected officials, development officials, business leaders and many others have quickly adopted and advanced an “all of the above” strategy in terms of power generation, building on our history of excellence in the production and transmission of power, and embracing new forms of power generation.

To this expanding menu of power generation sources, we can and should add nuclear energy. Doing so will capitalize on our existing and remarkable power generation and transmission infrastructure and create jobs and opportunities for West Virginians for decades to come.

Nuclear energy has been around commercially in the United States since 1958 and even began commercial operations directly on West Virginia’s doorstep, right on the Ohio River at the Shippingport Atomic Power Station in Beaver County, Pennsylvania. However, over the last 64 years, nuclear energy has gone overwhelmingly misunderstood and the nuclear energy we see today is far more advanced, much safer, and increasingly becoming the most cost-effective form of energy.

The commercial nuclear reactors in the U.S. – also known at the U.S. nuclear fleet – are generally ...

West Virginia has never utilized nuclear energy. In fact, West Virginia’s only interaction with nuclear energy was in 1996 when the state codified its intention to never employ nuclear energy by instituting a moratorium on nuclear power production over concerns of waste disposal and economic feasibility. These concerns were exacerbated by common misconceptions and many ill-informed stigmas that have surrounded the nuclear industry for decades.

Luckily, years of experience and technological advances have brought us to a new dawn in the nuclear industry, and West Virginia is ...